The development of laws and public policies has historically excluded the participation of persons with psychosocial disabilities, thus limiting the possibility of taking due account of needs . The CRPD expressly imposes the inclusion of the groups concerned . The CRPD also calls for the abolition of laws that allow the detention and withdrawal of legal capacity of persons with psychosocial disabilities . Traditionally, mental health laws have focused on the circumstances in which involuntary treatment and incarceration are permitted, not on the human rights of people with psychosocial disabilities. While many believe that the DPRC is certainly a promising direction for mental health law, some have argued that their social model of disability does not address the psychological capacity constraints of people with psychosocial disabilities and other facets that may not be fully addressed by social assistance . The optional protocol to the Convention on the Rights of Persons with Disabilities is an agreement incident to the convention that allows contracting parties to recognize the jurisdiction of the Disability Rights Commission to review individual complaints. The optional protocol came into force on May 3, 2008, at the same time as the convention. In addition, the DPRC committee is of the view that this section on legal capacity only authorizes sustained decisions for persons with disabilities. The Committee states that guardianship and all other alternative decision-making systems are incompatible with the CRPD`s objective of achieving autonomy and equality for persons with disabilities . Sub-assistant decision-making, which is the dominant rule at the global level, is a process in which a guardian or representative makes decisions for persons with disabilities who are considered inactive, often without the need for their consent .
On the other hand, sustained decision-making uses a network of “friends, family or other allies” to help the individual make decisions by adopting abilities and assessing their communication. If this communication is inconclusive, the regime relies on “previous wishes, values and experiences expressed in similar situations” to make decisions . Article 16 of the DPRC requires States Parties to implement laws and policies to protect persons with disabilities from exploitation, violence and abuse, and to ensure that such cases are monitored, reviewed and, where appropriate, prosecuted . To this end, many legal systems with supported decision-making systems have independent audit mechanisms in place to verify representatives, monitor decisions, investigate complaints and provide emergency protection services to persons with disabilities [60, 61] (Table 33). A disability organization, the International Disability Alliance, summarizes and interprets each case (37 cases as of July 30, 2020).  People from Australia, Tanzania, the United Kingdom, Mexico, Lithuania, Germany, Spain, Sweden, Austria, Italy, Brazil, Argentina, Hungary, Greece and Ecuador received the first complaints. A communication from the commission was X against Tanzania. This is a person with albinism who had cut off an arm. The failure of the state that was presented to the Committee was a failure to investigate or prosecute. Other parties that have terminated reservations, agreements or declarations regarding their ratification or accession included the European Union, Azerbaijan, Canada, Cyprus, Egypt, Iran, the Syrian Arab Republic, Venezuela and many others.